party wall

The Party Wall etc Act 1996 provides a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.

A building owner proposing to start work covered by the Act must give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.

The Act is separate from obtaining planning permission or building regulations approval.

The Role of the Party Wall Surveyor

The Party Wall Surveyor (or the ‘agreed surveyor’ if the two owners can concur in a single appointment) will prepare a document known as a ‘Party Wall Award’. This document sets out the owners’ rights and responsibilities in relation to how the work should proceed and covers items such as working hours, what happens in the case of damage and access for the surveyor(s) during the course of the works.

Prior to the work commencing the Party Wall Surveyor prepares a Schedule of Conditions of the adjoining owner’s property. It is essential that this is done accurately so that any subsequent damage can be property attributed. If there are two surveyors this is prepared by the building owner’s surveyor and proofed by the adjoining owner’s surveyor.

An important point to remember is that once a surveyor is appointed under the Act, whether as the Agreed Surveyor or by either owner, they have a duty to act in an entirely impartial manner.

Once a Party Wall Surveyor has been appointed that appointment cannot be rescinded unless the surveyor in question declares himself incapable of acting.

What is a party wall?

The main types of party walls are:

a wall that stands on the lands of 2 (or more) owners and forms part of a building - this wall can be part of one building only or separate buildings belonging to different owners.
a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences.
a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings.

The Act also uses the expression ‘party structure’. This could be a wall or floor partition or other structure separating buildings or parts of buildings in different ownership, such as in flats.

The Act covers:

new building on or at the boundary of 2 properties
work to an existing party wall or party structure
excavation near to and below the foundation level of neighbouring buildings

This may include:

building a new wall on or at the boundary of 2 properties
cutting into a party wall
making a party wall taller, shorter or deeper
removing chimney breasts from a party wall
knocking down and rebuilding a party wall
digging below the foundation level of a neighbour’s property

RICS - A member of the Royal Institute of Chartered Surveyors

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Telephone: 01279 833012
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